193. Kurukshetra, i.e. the neighbourhood of Delhi; Matsyas, i. e. the inhabitants of Baira/a or Vaira/a, north of Jepur (Bhoga- pure, Medh.); Pa^alas, i. e. the inhabitants of Kanyakub^a (Ka- nog); -Surasenas, i. e. the inhabitants of the country near Mathura (Ahi^atra, Gov.).
196. Likewise let him destroy the tanks, ramparts, and ditches, and let him assail the (foe unawares) and alarm him at night.
197. Let him instigate to rebellion those who are open to such instigations, let him be informed of his (foe's) doings, and, when fate is propitious, let him fight without fear, trying to conquer.
198. He should (however) try to conquer his foes by conciliation, by (well-applied) gifts, and by creating dissension, used either separately or con- jointly, never by fighting, (if it can be avoided.)
199. For when two (princes) fight, victory and defeat in the battle are, as experience teaches, uncertain; let him therefore avoid an engagement.
200. (But) if even those three before-mentioned expedients fail, then let him, duly exerting himself, fight in such a manner that he may completely conquer his enemies.
201. When he has gained victory, let him duly worship the gods and honour righteous Brahma/^as, let him grant exemptions, and let him cause promises of safety to be proclaimed.
201-205. Vi. Ill, 47-49; Y&gn. I, 342, 348-351- 201. 'The gods/ i.e. of the conquered country. Pariharan, ' exemptions/ i. e. ' from taxes and dues for a year or two' (Medh., Nand.), means according to Gov. 'gifts to *Srotriyas and others' (jTOtriyadigatavajyadaneshu mayaitad anu^atam ity evam); ac- cording to Kull. 'gifts to gods and Brahmawas;' according to Nar. 'Agraharas or villages presented to Brahmarcas;' according to Ragh. 'gifts of clothes and ornaments to the inhabitants.' The term parihara occurs very frequently in the inscriptions (see e. g. Arch. Reports of Western India, vol. iv, p. 104 seq.), and means, as the details adduced there show, ' exemption from taxes and pay- ments as well as other immunities.' These pariharas were regularly attached to all grants to Bnihma«as or temples. In our passage a general temporary remission of the taxes is probably intended.
202. But having fully ascertained the wishes of all the (conquered), let him place rhprp a reUuvp of the (vanquished ruler on thp throne\ and let him impose his conditions.
203. Let him make authoritative the lawful (cus- toms) of the (inhabitants), just as they are stated (to be), and let him honour the (new king) and his chief servants with precious gifts.
204. The seizure of desirable property which causes displeasure, and its distribution which causes pleasure, are both recommendable, (if they are) re- sorted to at the proper time.
205. All undertakings (in) this (world) depend both on the ordering of fate and on human exertion; but among these two (the ways of) fate are unfathom- able; in the case of man's work action is possible.
206. Or (the king, bent on conquest), considering a friend, gold, and land (to be) the triple result (of an expedition), may, using diligent care, make peace with (his foe) and return (to his realm).
207. Having paid due attention to any king in the circle (of neighbouring states) who might attack him in the rear, and to his supporter who opposes 205. Yagri. I, 348. 'Action/ i.e. 'careful investigation/ hence one should strive to attain one's ends by exertion (Gov., Kull.), or 'remedial action* (pratikriya, Nar.) or 'an effort' (purushakara, Ragh.). Nand. takes the last clause differently, 'if there is a human effort, the action of fate takes place' (manushe purushakare sati daivasya kriya vidyate).
206. According to Gov., Kull., and Nar. the meaning is that, if the foe is willing to make an alliance, to pay tribute, and to cede some territory, the king, bent on conquest, may also make peace with him without actually fighting and return home. In the MSS. of Medh. this and the next verses down to verse 211 are wanting, and the commentary on verse 2 1 1 is partly given.
207. The meaning of the verse is according to Gov., Kull, and the latter, let (the conqueror) secure the fruit of the expedition from (the prince whom he attacks), whether (he may have become) friendly or (remained) hostile.
208. By gaining gold and land a king grows not so much in strength as by obtaining a firm friend, (who), though weak, (may become) powerful in the future.
209. A weak friend (even) is greatly commended, who is righteous (and) grateful, whose people are contented, who is attached and persevering in his undertakings.
210. The wise declare him (to be) a most dangerous jjoe, who is wise, of noble race, brave, clever, liberal, grateful, and firm.
211. Behaviour worthy of an Aryan, knowledge of men, bravery, a compassionate disposition, and great liberality are the virtues of a neutral_Jwho may be courted).
212. Let the king, without hesitation, quit for his own sake even a country (which is) salubrious, fertile, and causing an increase of cattle.
Ragh. that the king, bent on conquest, shall secure his back before he undertakes an expedition. The prince immediately in his rear, who in the terms of the Niti is called the parshmgraha, * the heel- catcher,' may be supposed to be hostile to him and may be expected to invade his territory during his absence. It is, therefore, essential for the conqueror either to settle matters with him beforehand, or to secure the support of the next neighbour of the parshwigraha, who is technically called the akranda and may be supposed to be inclined to check the parshmgraha.
211. Sthaulalakshyam/ great liberality ' (Kull., Nar., Ragh., Nand.), is explained, as Kull. asserts, by Medh. and Gov. 'being not sharp- sighted.' The Government copy of Gov. has, however, just the contrary, sukshmadamtvam. Medh.'s explanation is not deci- pherable.
213. For times of need let him preserve his wealth; at the expense of his wealth let him preserve his wife; let him at all events preserve himself even by (giving up) his wife and his wealth.
214. A wise (king), seeing that all kinds of mis- fortunes violently assail him at the same time, should try all (the four) expedients, be it together or separately, (in order to save himself.)
215. On the person who employs the expedients, on the business to be accomplished, and on all the expedients collectively, on these three let him ponder and strive to accomplish his ends.
216. Having thus consulted with his ministers on all these (matters), having taken exercise, and having bathed afterwards, the king may enter the harem at midday in order to dine.
217. There he may eat food, (which has been prepared) by faithful, incorruptible (servants) who know the (proper) time (for dining), which has been well examined (and hallowed) by sacred texts that. destroy poison.
218. Let him mix all his food with medicines (that are) antidotes against poison, and let him always be careful to wear gems which destroy poison.
215. 'The person who employs the expedients/ i. e. 'himself (Gov., Kull., Nar., Ragh.); 'his minister or the like' (Nand.). A^ritya, ' let him ponder on' (manasa balabaladidvara ni^itya, Nar., Ragh.), means according to Medh., Gov., Kull. 'let him depend on/ 218. Medh., Gov., Nar., and Nand. read ne^ayet, and Ragh. so- dhayet, * let him purify/ instead of yo^ayet (Kull., K.), ' let him mix.' Nar. explains niyata^ (Medh., Nar., Ragh.) or prayata^, 'careful' (yatnavan, Gov., Kull., Ragh.), by ' being pure/ 219. Well-tried females whose toilet and orna- ments have been examined, shall attentively serve him with fans, water, and perfumes.
220. In like manner let him be careful about his carriages, bed, seat, bath, toilet, and all his ornaments.
221. When he has dined, he may divert himself with his wives in the harem; but when he has diverted himself, he must, in due time, again think of the affairs of state.
222. Adorned (with his robes of state), let him again inspect his fighting men, all his chariots and beasts of burden, the weapons and accoutrements.
223. Having performed his twilight-devotions, let him, well armed, hear in an inner apartment the doings of those who make secret reports and of his spies.
224. But going to another secret apartment and dismissing those people, he may enter the harem, surrounded by female (servants), in order to dine again.
225. Having eaten there something for the second time, and having been recreated by the sound of music, let him go to rest and rise at the proper time free from fatigue.
226. A king who is in good health must observe these rules; but, if he is indisposed, he may entrust all this (business) to his servants.
223. Yagri. I, 329. * Of those who make secret reports,' i. e. ' of the ministers and the rest' (Nar.), or ' of citizens who may have come' (Medh.).
VIII, 6. CIVIL AND CEREMONIAL LAW. 253 Chapter VIII.
1. A king, desirous of investigating law cases, must enter his court of justice, preserving a digni- fied demeanour, together with Brahma^as and with experienced councillors.
2. There, either seated or standing, raising his right arm, without ostentation in his dress and ornaments, let him examine the business of suitors, 3. Daily (deciding) one after another (all cases) which fall under the eighteen titles (of the law) according to principles drawn from local usages and from the Institutes of the sacred law.
4. Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, and (5) resumption of gifts, 5. (6) Non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants, 6. (10) Disputes regarding boundaries, (11) assault I and ( 1 2) defamation, (13) theft, (14) robbery and vio- lence, (15) adultery, VIII. 1. Vi. Ill, 72; Yign. I, 359; II, 1; Gaut. XIII, 26; Vas. XVI, 2.
2. 'Standing,5 i.e. 'in important cases' (Medh., Gov., Kull., Ragh.). ' Raising his right arm/ i. e. ' keeping it uncovered' (Nar., Nand., Ragh., Gov.). Regarding the meaning of the action, see above, IV, 58.
3. Gaut. XI, 19-24; Vas. XVI, 4-5. ' Local usages,' i. e. ' the law of custom which is not opposed to the.Sastras' (Medh., Gov., Kull., Mr.).
4. « Non-payment of debts' (rzVzasya adanam, Nar., Nand.) may also be translated 'recovery of debts' (nVzasya adanam).
254 LAWS OF MANU. VIII, 7.
7. (16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits.
8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned.
9. But if the king does not personally investigate the suits, then let him appoint a learned Brahma/za to try them.
10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing.
11. Where three Brahma^as versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman.
12. But where justice, wounded by injustice, ap- proaches and the judges do not extract the dart, there (they also) are wounded (by that dart of injustice).
13. Either the court must not be entered, or the truth must be spoken; a man who either says nothing or speaks falsely, becomes sinful.
7. Vyavaharasthitau, ' which give rise to lawsuits' (Gov.), means according to Nar. ' in deciding lawsuits/ 8. The word ' mostly' is intended to show that there are other titles besides, as Narada declared (Medh., Gov., Kull., Nar., Ragh.). Nand. omits this verse.
9. Vi. Ill, 73; Y^*. II, 3; Gaut. XIII, 26; Vas. XVI, 2.
10. Medh. says 'by (at least) three assessors.'
13. 'Must not be entered,' i.e. 'for the purpose of deciding causes' (Gov., Kull., Ragh.). But the further details show that the verse is intended as a general maxim, applicable to witnesses also.
VIII, 20. CIVIL AND CEREMONIAL LAW. 255 14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed.
15. 'Justice, being violated, destroys; justice, being preserved, preserves: therefore justice must not be violated, lest violated justice destroy us.'
16. For t divine justice (is said to be) a bull (vWsha); that (man) who violates it (kurute 'lam) the gods consider to be (a man despicable like) a ^udra (wzshala); let him, therefore, beware of vio- lating justice.
17. The only friend who follows men even after death is justice; for everything else is lost at the same time when the body (perishes).
18. One quarter of (the guilt of) an unjust (deci- sion) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king.
19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone).
20. A Brahma^a who subsists only by the name of his caste (^ati), or one who merely calls himself a Brahma^a (though his origin be uncertain), may, at the king's pleasure, interpret the law to him, but never a 6udra.
15. This admonition must be addressed by the assessors to a judge who acts against the law (Gov., Kull., Ragh.). Nand. reads v&h, ' you,' instead of na^, ' us.'
18. Gaut. XIII, n; Baudh. 1,19, 8. Sabhasada^, ' the judges,' means according to Gov. ' all those in court who look on.' The judge and his assessors are, however, the persons really intended.
20. 'One who subsists only by the name of his caste/ i.e. 'a man of Brahmawa descent, who neither studies nor performs any other K 256 LAWS OF MANU. VIII 21. The kingdom of that monarch, who looks on while a.Sudra settles the law, will sink (low), like a cow in a morass.
22. That kingdom where.Sudras are very nume- rous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease.
23. Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a col- lected mind, begin the trial of causes.
24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (vama).
act required by the sacred law' (Kull., Ragh.), or * one who has not been initiated' (Nar.). Brahmawabruva^, 'one who merely calls himself a Brahmawa (though his origin be doubtful,' Kull., Ragh.), means according to Nar. 'an initiated Brahmawa who does not study the Veda.' Medh. and Gov. take the two terms as referring to one person only, 'Even a despicable Brahma/za, who subsists merely by the name of his race/ i. e. neither studies the Veda, nor performs the rites, &c. The commentators point out that, as the employment of a £udra is emphatically forbidden, Kshatriyas and Vauyas may be employed in cases of necessity.
22. -SudrabhuyishMam, 'where -Sudras are very numerous' (Gov., Kull., Ragh.), means according to Medh. 'where *Sudras mostly decide the law -cases/ according to Nand. 'where -Sudras are mostly employed in high offices.' Nar. adds that each of the blemishes enumerated is sufficient to cause destruction.
24. Medh. and Ragh. give another optional explanation of the participial clause, ' Understanding that pure justice secures advan- tages and mere injustice disadvantages.' According to Kull. it means 'Knowing what is expedient and what inexpedient, but paying attention to justice and injustice alone/ Nar. and Nand. give still more unacceptable interpretations. Gov., who considers the explanation adopted above the only correct one, explains ' what is expedient' by 'what will please the people/ and 'what is inex- VIII, 28. CIVIL AND CRIMINAL LAW. 257 25. By external signs let him discover the in- ternal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures.
26. The internal (working of the) mind is per- ceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face.
27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teachers house) or until he has passed his minority.
28. In like manner care must be taken of barren^ women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases.
pedient' by 'what will make them angry;' Kull. and Ragh. by 'what will protect the people' and 'what will destroy them.'
25. Gov. omits svara, ' voice,' and writes mukha, 'by the colour of the face.' Ihgita, ' motions,' i. e. ' trembling, horripilation, &c.' (Medh., Gov., Ragh.), or 'looking down, &c.' (Kull.), or 'unin- tentionally moving the arms, &c.' (N&r.). Akara, 'aspect,' i.e. ' pallor, &c.' (Gov.), or ' sweating, horripilation, &c.' (Kull., Nar.). Medh. and Ragh. take akara to mean 'the manner' of the voice, &c, not as a separate class of signs. -Sesh/ita, ' gestures,' i. e. ' moving, wringing the hands, &c.' (Gov., Kull., Ragh.), or ' intentional move- ments' (Nar.).
27-29. Gaut. X, 48; Vas. XVI, 8; Vi. Ill, 65.
27. 'The minority ends with the sixteenth year' (Kull., Nar.); see Narada III, 37. The second term is intended to provide for the case of those who finish their Veda-study before the sixteenth year (Medh., Kull.), or of Sudras (Medh.).
28. 'Those whose family is extinct/ i.e. 'maidens in that con- dition' (Gov.), or ' those who have quitted their families and become harlots' (Medh. ' others'). ' Wives faithful to their lords,' i. e. 'those whose husbands are absent' (Gov., Ragh.). The conditions 258 LAWS OF MANU. VIII, 29.
29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.
30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it.
31. He who says, ' This belongs to me/ must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property.
32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed).
33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth.
of the king's protection are in every case that the relatives are either dead or unable to provide for the females or try to oppress them.
30-34. Ap. II, 28, 7-9; Gaut. X, 36-38; Vas. XVI, 20; Yagri.
30. 'Property the owner of which has disappeared' means ac- cording to the commentators, ' property, found by the royal servants (in a forest or elsewhere, Medh.), the owner of which is not known.' Such property shall be proclaimed by beat of drum (Gov., KulL). ' Others,' quoted by Medh., think that after three years the king may use it as his own, but has still to restore it, if the owner appears. Nand. points out that the rule does not refer to Brah- mamcal property (see Gaut. loc. cit.).
33. The amount to be taken by the king depends according to Medh. on the length of time for which it has been kept (so also VIII, 39- CIVIL AND CRIMINAL LAW. 259 34. Property lost and afterwards found (by the king's servants) shall remain in the keeping of (special) officials; those whom the king may con- vict of stealing it, he shall cause to be slain by an elephant.
35. From that man who shall truly say with respect to treasure-trove,! This belongs to me/ the king may take one-sixth or one-twelfth part.
36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that).
3 7. When a learned Brahrna/za has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything.
38. When the king finds treasure of old concealed in the ground, let him give one half to Brahma/zas jj and place the (other) half in his treasury. —4* 39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of Ragh.), or on the trouble which it gave (so also Gov.) and the king's compassion; according to Kull. and Nar., on the virtues of the owner. Medh. places this verse after verse 34.
35. ' Treasure-trove,' i.e. 'valuables secretly buried in the ground' (Medh.). The amount to be taken depends on the 'virtues' of the finder (Medh., Gov., Kull., Ragh.), or on his caste (Nar.), or on the place and time, the caste, &c. (Gov.).
36. The amount of the fine depends on the circumstances of the case or the ' virtues' of the offender (Medh.), or on the ' virtues ' of the offender alone (Gov., Kull., Ragh.).
37. Medh., Gov., N&r. take, as Kull. points out, most improperly purvopanihitam, * deposited in former times,' to mean ' deposited by his ancestors.' The parallel passages of Visrmu and others are perfectly clear on the point.
39. I take the last clause, which might also be translated ' (and) (his giving) protection, (and) because he is the lord of the soil.
40. Property stolen by thieves must be restored by the king to (men of) all castes (vama); a king who uses such (property) for himself incurs the oaiilt of a thief.
41. (A king) who knows the sacred law, must inquire into the laws of castes (^ati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.
42. For men who follow their particular occupa- tions and abide by their particular duty, become dear to people, though they may live at a distance.
43. Neither the king nor any servant of his shall because he is the lord of the earth/ as a distinct recognition of the principle that the ownership of all land is vested in the king. Medh. says, ' he is the lord of the soil (bhumi); it is just that a share should be given to him of that which is found in the soil belonging to him (tadiyaya bhuvo yallabdham).'
40. Ap. II, 26, 8; Gaut. X, 46-47; Vi. Ill, 66-67; Y^n. II, 36. I.e. 'if he recovers it' (Medh., Gov., Kull., Nar., Ragh., Nand.). Medh. reads iaurih/Ytam, and mentions another reading, /fcaurahn'tam, which Ragh. has, and thinks that it may mean that the king must make good stolen property which is not recovered.
41. Ap. II, 15, 1; Gaut. XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8; Vi. Ill, 3; Yagn. I, 360. (rati, ' castes,' i. e. ' Brahma^as and so forth' (Kull., Nar., Ragh., Nand.). Ganapada, ' the laws of districts, e. g. of the Kuru, Klri or KsLrmira countries' (Medh.), or 'of certain districts' (deja, Gov., Kull., Ragh.), or ' of the inhabitants of one and the same village' (Nar.). Medh. gives also other explanations of the compound ^ati^anapadan, ' of local castes ' or ' natives of different countries.' Sreni,' guilds,' i. e. ' of merchants, &c.' (Medh. Kull., Nar., Ragh.), or ' of merchants and husbandmen, &c.' (Gov.), or 'of merchants and actors, &c.' (Nand.). Ragh. reads paripalayet, ' and protect the peculiar law of each.' It must, of course, be under- stood that the customs are not opposed to the sacred law (Medh., Gov., Kull., Ragh.).
43. Gaut. XIII, 27. '(Some) other (man),' i.e. 'the plaintiff' VIII, 46. CIVIL AND CRIMINAL LAW. 26 1 themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).
44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).
45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the wit- nesses, to the place, to the time, and to the aspect.
46. What may have been practised by the vir- tuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not (Medh.), or 'the plaintiff or the defendant' (KulL), or 'any suitor/ 'Others' explain the second half of the verse according to Medh., as follows, ' and let him not appropriate money brought to him in any other manner than for the suit.'
44. Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ' As the hunter tracks the steps of (a wounded) deer/ &c.
45. ' The truth,' i. e. ' removing all fraud' (Kull., Ragh.), or ' what portion (of this suit) is based on truth' (Nar., Nand.). Artham, 1 the object of the dispute,' i. e. * if it be not too insignificant, in which case the plaint must not be accepted' (Medh., Gov., Kull., Ragh.). Nar. explains artha by ' the money realised by a fine and the like/ Nand. by ' the aim.' ' Himself/ i. e. ' that he will obtain heaven by a just decision' (Kull., Ragh.). ' The place and the time/ i. e. ' what is befitting the place and the time' (Kull.), or ' the place, e. g. Banaras, and the time (e. g. of a famine) where and when the offence has been committed, and which may make the case lighter or heavier' (Medh., Ragh.), or ' the customs of the country and what is befitting the time ' (Nar.), or ' the place where the offence was committed and the age of the offender' (Gov.). Rupam, ' the aspect/ i. e. ' the nature of the object' (Medh., Nand.), or ' the nature of the case' (Kull.), or 'the looks of the parties' (Medh. 'others/ Gov., Nar., Ragh.).
46. Thus Kull., Nar., Ragh., and Nand. But Medh. takes the verse differently, ' What has been practised by the virtuous and by opposed to the (customs of) countries, families, and castes (^ati).
47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).
48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.
49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.
50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.
51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men...that he shall establish as law for countries, families, and. castes, if it is not opposed (to texts of the -Sruti and Smrz'ti).' Gov. reads anurupam, ' conform with/ instead of avirud- dham, ' not opposed,' and seems to agree with Medh. He says, ' And thus let him punish in lawsuits the litigant who acts in a con- trary manner; and as here the phrase " what is practised by the virtuous" is used, this (rule) must refer to good conduct/ But the rule, given in verse 41, must refer to laws other than '(those re- lating to) good conduct/ 49. Vyavahare^a, 'by suit of law' (Gov., Kull., Nar.), or 'by threatening a lawsuit' (Nand.), or ' by forced labour' (Medh.), or ' by a forcible sale of property' (Ragh.). A/£arita, ' the customary pro- ceeding/ i. e. ' by killing one's wife, children, and cattle, and sitting at the debtor's door.' Brz'haspati, quoted by Kull. and Ragh., or 'by fasting' (Gov.), or 'by the creditor's starving himself to death' (Nar.). This custom corresponds to the so-called prayopave«rana, or Dharwa, and to the Traga of the bards.
51. 'In this case self-help must not be used' (Medh.). Regard- ing the amount of the fine, see below, verse 139.
VIII, 57- CIVIL AND CRIMINAL LAW; DEBTS. 2-63 to the creditor and a small fine according to his circumstances.
52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.
53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statements (are) confused or contradictory; 54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it; 55. Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court); 56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.
57. Him also who says ( I have witnesses/ and, 52. Instead of dcsyam, '(a witness) who was present (when the loan was made,' K., Ragh., Kull.), Medh., Gov., Nar., and Nand. read de^am, ' (must point out) the place/ 53. Medh., Gov., Nar., and Nand. read apadcram, ' a wrong or impossible place,' instead of adcryam, 'a witness not present.' Kull. reads according to the editions, ' adejyam/ but his explanation agrees with the other reading.
54. Pramhitam, ' duly stated (by himself)/ (Kull., Nand.), i. e. ' in the plaint' (Gov.), means according to Ragh. and Nar. 'duly ascertained.'
56. { Who does not know what is the first (point) and what is the second/ i. e. ' what is the proof and what the matter to be proved' (Kull., Ragh.), or 'what ought to be said first and what later' (Nar., Nand.).
LAWS OF MANU.
VIII, 58.
being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited.
58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fort- nights, he has lost his cause.
59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely de- clares, shall those two (men) offending against justice be fined by the king.
60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the pre- sence of the Brahma^a (appointed by) the king.
61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).